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U.S. Department of Justice

Bureau of Alcohol, Tobacco,Firearms and Explosives

www.atf.gov

April 19, 2016 REFER TO: 2016-0354

Mr. Sean A. DunaganSenior Investigator

Judicial Watch, Inc.

425 3rd Street SW, Suite 800Washington, DC 20024-3232

Dear Mr. Dunagan:

This is in further response to your Freedom of Information Act request dated March 17, 2016 for

information on firearm recoveries related to ATF’s Operation Fast & Furious.

In response to your request, we have processed a total of three pages of potentially responsive

material, and we are releasing these three pages in part. Each page of this production indicates

that each page is being released in part (“RIP”). Individual redactions identify the exemption pursuant to which the redacted material has been withheld.

The responsive documents contain information that ATF is required to maintain pursuant to the



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Mr. Sean A. Dunagan

The most recent iteration of these various restrictions was included in ATF’s 2012 AppropriationBill, Public Law 112-55, 125 Stat. 552. Some of the information in the requested records falls

within this restriction. Since the Fiscal Year 2006 through 2008 restrictions satisfy all the

requirements of FOIA Exemption (b)(3), and the 2012 language is perpetuated from those

restrictions, I am withholding the trace data pursuant to 5 U.S.C. § 552 (b)(3) and Public Law

112-55, 125 Stat. 552.

We are also withholding the personal information of other individuals mentioned in the recordsyou requested under FOIA Exemption (b)(6). To disclose personal information about living

individuals to a member of the public, we need the written consent from the persons whose

information you requested. Without written consent, proof of death, or an overriding publicinterest, personal information is exempt from disclosure under the FOIA. The FOIA does not

require agencies to disclose information that would be a clearly unwarranted invasion of personal

privacy (5 U.S.C. § 552(b)(6)).

We are also withholding the personal information of other persons mentioned in the records you

requested under Exemption (b)(7)(C). Exemption (b)(7)(C) permits the withholding of

information compiled for law enforcement purposes that “could reasonably be expected toconstitute an unwarranted invasion of personal privacy.” The public interest in disclosure is

limited to the FOIA’s core purpose of shedding light on an agency’s performance of its statutory

duties. The public interest under Exemption (b)(7)(C) must be both significant and compellingin order to overcome the legitimate personal privacy interests of third parties. In this matter, the

disclosure would not serve the core purpose of the FOIA, but rather, would serve as an

unwarranted invasion of personal privacy (5 U.S.C. § 552(b)(7)(C)).



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Mr. Sean A. Dunagan

This is the first response of records related to this request. We are still reviewing additional

responsive documents, and will provide them to you on a rolling basis.

If you have any questions, please feel free to contact Deputy Chief Pete Chisholm at (202) 648-

7382 or via email at [email protected].

Sincerely,

Stephanie M. Boucher

Chief, Disclosure Division

mailto:[email protected]






Obtained by Judicial Watch, Inc. via FOIA (April 19, 2016)





